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My mother owns a home in Elk Grove Ca. My nephew and his…

Customer Question
My mother owns a...

My mother owns a home in Elk Grove Ca. My nephew and his family have lived there about 8 years 7 years of that, he did not make a house payment. Mom holds the title and he was supposed to buy it. He made payments in Oct-Feb if this year but has not again this month. He is not living there now and has told her to foreclose on it. Where do we start with foreclosure process

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No. Just found this out this am Happy Easter to us...

Lawyer's Assistant: Thanks. Same to you!

What papers do we need to file? How long is the process and can we move into the home ?

Lawyer's Assistant: Have they talked to a CA lawyer about this?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can’t think of anything else

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 46 minutes by:
4/1/2018
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,505
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Whose name is ***** ***** deed to the property right now?

.

Was your mother selling him the house under some type of written contract?

.

Or was he just renting it?

.

Has he abandoned the house completely and moved elsewhere?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
My mother’s name is ***** ***** deed. They had a contract for 5 years dated in 2010 , but he stopped paying in 2011. They never rewrote the contract. He was supposed to be paying 958.00 a month. He did pay 1000.00 oct-Feb this year but not this month. He is now renting another house, the house had mold issues, but has since been taken care of. His wife won’t move back in because because of it. They still have stuff in the garage though. The house has been empty for 2 months
Customer reply replied 3 months ago
He was supposed to be buying the house
Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Ok, then if she is still the legal owner, she can send him a 30 day notice to cure the default by making all payments up to date or she will consider him in breach of contract and sue him for all the damages and payments missed...

.

Or he can sign a written Mutual Release where she releases him and he releases her from the contract and they go their separate ways..

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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